Legal Question in Real Estate Law in India

Sarfaesi act

Sir,

My father had purchased a house 20 yrs ago and got it registered in his name. This year we came to know that the property was mortgaged to a PSU bank. All these years there was no contact or information from the bank. Now we came to know from a third person that the bank has sold the property without any prior information to us. We are currantly living in that house & have no other place to live in. Also my father invested all his savings to purchase the house. Till date we have no official information from the bank. What can be the legal recourse for us. kindly help


Asked on 1/15/08, 2:06 am

4 Answers from Attorneys

Re: Sarfaesi act

Immediatly contact bank and gather all informations and related documents.Firstly confirm the position and then think of legal recourse.In case of need contact with details.Professional charges are applicable.

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Answered on 1/15/08, 11:44 am
Sachin Sangare Private Practise

Re: Sarfaesi act

I am presumming that you did not reveive any single notice or letter or courier from the bank. First of all take all information from the person who informed you about the motrgage, auction or sale of the house. Take a search in the local land record office of that area whether any record of mortgage was there of the bank. If no, than you can file a suit for injunction against the Bank, the prrchases in the local civil court.

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Answered on 1/15/08, 2:16 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Sarfaesi act

All these things without notices at each and every stage of process is not possible. Please check the records first.

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Answered on 1/15/08, 4:33 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Sarfaesi act

Contact the bank immediately and gather all the information.

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Answered on 1/21/08, 12:22 am


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